Annual reports of the president and directors and the chief engineer and superintendent of the Wilmington & Weldon R.R. Co., with the proceedings of the general meeting of stockholders

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PROCEEDINGS
tOilmtngton & iJOdton Kail Jtoai €0.
\ ' TWENTIETH ANNUAL MEETING,
WILMINGTON, NORTH CAROLINA,
NOVEMBER 9TH 1855.
WILMOGTOIi
PRINTED BY THOMAS LORING,
MARKET STREET.
1855.
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PROCEEDINGS
tUiimington & tOtltam Kail load €0:
TWENTIETH ANNUAL MEETING-.
WILMIGTON, NORTH CAROL
NOVEMBER 9TH 1855.
WILMOGTOI:
PRINTED BY THOMAS LORING,
MARKET STREET.
1855.
Digitized by the Internet Archive
in 2011 with funding from
Ensuring Democracy through Digital Access (NC-LSTA)
http://www.archive.org/details/annualreportsofp1855wilm
PROCEEDINGS
OF THE
STOCKHOLDERS' MEETING,
TOGETHER WITH THE PRESIDENT
AID DIRECTORS, SUPERIITMDAIT AID TREASURER'S REPORTS,
NOVEMBER 9th, 1855.
Wilmington, N. C, Nov. 8th, 1855.
Pursuant to the published notices, and the previous reso-lutions
of the Stockholders of " The Wilmington and Raleigh
Rail Road Company." the Stockholders of said Company
convened at the Court House in the town of Wilmington,
Thursday the 8th day of November, A. D., 1855, to hold the
regular annual meeting.
Mr. Henry Harris, of the County of Warren, was appoint-ed
Chairman, and Messrs. John B. Griswold, of Wayne, and
William- Hill, of Halifax, were appointed Secretaries.
The Secretaries, with Wm. A. Wright, were appointed a
committee to examine proxies, and ascertain the number of
shares of the capital stock of the Company represented, and
this committee having reported that 9,969 shares were repre-sented,
the meeting was declared to be duly organized.
Mr. W. S. Ashe, the President of the Company, then sub-mitted
to the meeting the report of the President and Direc-tors
of the Company, with the report of the Engineer and
Superintendent.
On motion of Dr. F. J. Hill—
Resolved, That the report of the President and Directors
of the Company be received, and that the same be referred
to a committee of three persons to be appointed by the
Chairman.
The Chairman appointed Dr. F. J. Hill, O. R. Kenan,
and O. G. Parsly as the committee to whom the report of
the President and Directors was referred ; and thereupon the
meeting adjourned until 4 o'clock, P. M., to enable She Stock-holders
in the interim to attend the delivery by Mr. Robert
H. Cowan, of his oration on the life and character of the
late Edward B. Dudley, one of the Directors of this Company.
4 o'clock, P. M.
The meeting having been called to order, the committee
to whom was referred the report of the President and Direc-tors
of the Company, submitted the following report
—
" The Committee to whom was referred the report of the
President and Directors of the Company, having given to
the same such consideration as they were enabled to do
within the limited time since its reference, respectfully recom-mend,
that the act of the last General Assembly of this State,
entitled, " An Act concerning the Wilmington and Raleigh
Rail Road Company" be accepted and adopted by this
Company as constituting a part of the charter of the Compa-ny.
Your committee being well assured that it is of vital
importance as well to corporations as it is to individuals, that
their credit should be preserved untarnished, and that good
faith should be kept with creditors, most cordially approve
of the sinking fund created by the Directory tor the redemp-tion
of the debt of this Company due in England in 1858.
As to so much of said report as suggests to the Stockholders
the establishment of an office in the city of New York for
the transfer of the stock of this Company, your committee
forbear to express an opinion, as the question as to the
policy of authorizing transfers of stock at the point designa-ted,
is one requiring much reflection and more information
than your committee now has at their command : yonr com*
mittee therefore beg leave to refer this subject to the consid-eration
of the Stockholders, knowing that it will receive the
careful reflection which its importance demands.
Your committee respectfully recommend the following res-olutions
for adoption by the Stockholders—
.
Resolved, That the Act of the General Assembly of this
State, entitled " An Act concerning the Wilmington and
Raleigh Rail Road Company" ratified the 14th day of
February, A. D., 1855, be and the same is hereby accepted
by this Company.
Resolved, That the action of the Directory of this Com-pany,
in the creation of a Sinking Fund as a provision for
5
the debt of this Company due in England and maturing in
1858, meets with the entire concurrence of the Stockholders ;
and that it is hereby recommended that the annual appropri-ations
to this fund as set forth in the report of the President
and Directors, with all interest or profit which may accrue
thereon, be sacredly preserved to be applied to the purposes
for which said fund has been created.
Respectfully submitted,
F. J. HILL.
O. R. KENAN.
O. G. PARSLEY.
Whereupon said report was received by the meeting, and
the resolutions forming part thereof were adopted.
On morien of Mr. Robert H. Cowan,
Resolved, That the shares of the capital stock of this
Company be transferreable in the city of New York, under
such rules and regulations as will secure the safe and effi-cient
conducting and management of the business appertain-ing
to such transfers
;
provided the Directors of the Company
by a vote of two-thirds of the whole board, shallconclucle to
establish in said city an office for making said transfers.
On motion of Dr. F- J. Hill,
Resolved, That the President of this Company is request-ed
to make application to Mr. Robert H. Cowan, for a copy
of the able and appropriate oration commemorative of the
life and character of the late Edward B. Dudley, delivered
this afternoon to the Stockholders of this Company ; and that
said oration be published for distribution among the Stock-holders.
The meeting then proceeded to the election of a President
and seven Directors, to serve during the next ensuing twelve
months, when William S. Ashe was elected President ; and
Messrs. Edward P. Hall, Gilbert Potter, Piatt K. Dickinson,
Armand J. DeRosset, Jr., John D. Bellamy, Wentworth
W. Pierce and William C. Betencouit, were elected Directors
on the part of the individual Stockholders; Messrs. L. H. B.
Whitaker, William K. Lane and William A. Wright having
been appointed Directors by the Board of Internal Improve
ments.
On motion -of W. A. Wright,
Resolved, That the proceedings of this meeting be pub-lished
for distribution among the Stockholders, and that the
Act of the General Assembly of this State incorporating this
Company, together with all amendments thereto, and all
such other Acts of the General Assembly of this State as
relate to the management or direction of the affairs of this
Company, be published in connection therewith.
On motion of A. J. DeRosset, Jr.,
Resolved, That the Secretaries of this meeting, with the
President of this Company and William A. Wright, Esq., be
a committee to superintend the publication referred to in the
resolution last adopted.
On motion of Mr. John Smith,
Resolved, That Messrs. Henry Baker, F. S. Marshall and
Donald McRae be appointed the committee to audit the
accounts of this Company for the year ensuing.
The thanks of the meeting having been tendered to the
Chairman and Secretaries, on motion of Mr. Smith the meet-ing
adjourned.
HENRY HARRIS, Chairman.
John B. Griswold, )
8ecretariegt Wm. Hill, )
7
REPORT
OF THE
PRESIDENT AND DIRECTORS.,
The President and Directors of the Wilmington and Ral-eigh
Rail Road Company, respectfully submit to the Stock-holders,
their twentieth annual report, showing the business
of the Company, for the year ending on the 30th of Septem-ber,
1855. Though the business of the Company has not
been entirely commensurate with the wishes and calculations
of its friends, yet it is encouraging. The last year it was
generally anticipated, would be more favorable to the devel-opement
of the resources of the road, than any preceding ; but
Providence in its infinite wisdom, having visited two of the
most important localities, through which our Northern and
Southern through travel preferred to pass, with a pestilence
of a peculiarly malignant character, our receipts from this-heretofore
prolific source were much reduced. In conse-quence
of the change that was made when the steamboats
were discontinued in February, 1854, in charging the travel
between Wilmington and Weldon as through, instead of way
travel, it is impossible to fix precisely upon the amount of this
reduction ; but it can be proximately ascertained by compar-ing
the amount of through travel for corresponding months,
during the time the boats were running, and when they were
taken off. This comparison when thus made, will show this
reduction to have been near $35,000, and by the same pro-cess
we find our way travel has increased $20,000. This
increase is rendered more gratifying by the reflection, that it
results from a source which is never failing, it is perennial.
Every iota which is added to this increase, can be relied on
as an available basis in the future operations of the Com-pany.
Our freighting business, as compared with previous years,
shows a regular increase, and should in connexion with the
increase of way travel, inspire the Company with a well
founded hope, that in a few years its prosperity will be entire-ly
independent of through travel.
On the first of July last our contract for the transportation
of the mails, made with the Post Office Department, in 1851,
expired, a new contract for the same purpose, has been made
for the next four years, on the same .terms and conditfons.
8
The current business of the year is set forth in the follow-ing
table
:
RECEIPTS FROM
Through Passengers, $151,377 90
"Way Passengers, - 96,594 59
Freight, - 142,348 72
Transportation of Mail and other sources, 51,672 80
Total,- $441,994 06
EXPENDITURES.—TRANSPORTATION.
For Repairs and purchase of Locomotives, $46,309 94
" " of Coaches and Cars,- purchased one passenger
Coach, and construction of 20 Cars, (second class and freight) 34,216 96
Expenses of Transportation, including Station expenses, 110,058 29
i $190,585 19
ROAD REPAIRS.
Pay of officers, overseers and hands,.' $31,819 03
Subsistence and clothing, 13,051 13
Cost of materials,... 32,962 86
77,833 02
Office expenses, 400 02 268,818 23
Leaving this amount after deducting expenses from receipts..
Deduct also this amount, paid interest and premium on foreign
Exchange,
And we have as the nett earnings of the Road, this year, the
sum of
At the commencement of our fiscal year we had on had on hancl^
cash and other assets, as per Treasurer's statement,
We have received this year for old Iron sold, -
For land sold at Stricklandville, ---
From Post Office Department, one month's extra pay,
Making,. : #144,S33 29
To which add Nett profits of Road as above, ^ ---- 113,459 93
Total, - - - $258,293 22
Which sum is accounted for as follows :
Amountof debt paid this year, - $25,072 29
" " Dividends No. 6 and 7, _- - 93,032 50
Paid on account of Station louse at Wilmington, 10,800 91
Cost of one-half Ferry Boat, l: W. W. Harllee," - 10,381 90
Ware House in Wilmington, account settled and charged this year, -
Charged this year on account of Shed and Ware House at Weldon,.
Paid on account of Bridge, at Smith's Creek,
Paid Dr. Togne for release of Mortgage on land, at Love Grove,
Counterfeit Money taken this year,
Making the sum of.. - $159,036 74
To which add cash and other assets now on hand, as per Treasurer's
Statement, -. - ">256 43
Total, - - - - ._--' $258,293 22
There is a considerable increase in the cost of transporta-tions
as manifested by the report of the Treasurer. This in-crease
has resulted exclusively from the making of improve-ments
of a permanent character, of which a bare enumeration
$173,175 S3
59,715 90
$113,459 93
137,243 29
840
3,710
3,040 7,590 00
will here be given.: A more detailed and particular statement
will be had by reference to the report of the Superintendent.
The reconstruction of the walls at the Depot; an enclosed
aqueduct, of brick!; a construction of wharf and filling up of
basin between the warehouse and river; Hospital and appur-tenances
; Statioii houses along the line of the road ; the re-laying
of one-sixth of the road with new crossties ; the pur-chase
of 50 ton of iron rails; weighing scales at both ends of
the line. In the aggregate, these several improvements (im-periously
called for by the necessities of the road.) cost $12.-
545 00, which shbuld be deducted from the amount of an-nual
expenditure, as furnished in the above report. This re-duction
being inside, will leave the current expenditure for
the year, 256,273 23.
The bonds issued by the Company in 1838, and sold in En-gland,
having twelnty years to run; will fall due in '58. These
bonds must be either renewed or paid. We can scarcely expect
to do the former, ttence we must pay them. In ^rder to effect
this payment, the Directors have created a sinking fund of
$35,000 a year. t\om this source they will realize $105,000
by the time specified. This sum in conjunction with the stock
owned in tbeAVihiington and Manchester Road, viz : $100,-
000 ; and the stcck in the Telegraphic Company, both of
which it is calculated, at that time will be available, and will
place the Company in ample funds to discharge this debt.
The Directors have adopted the following resolution, re-commending
to the'Stockholders, the establishing of a trans-fer
office, in the city of New York.
"It having been suggested to the Board that the establish-ment
of an office, for the transfer of the stock of thisCompa-
• ny, in the city of (New York, would tend greatly to appreci-ate
the value of jm stock, and render the same available to
the stockholders, 'as a money security, we reccommend that
authority be givai to the Directors, to establish such transfer
office, under such rules and regulations as will secure the
safe and efficienticonducting and management of the business
appertaining to it
"
At the last rmeting of the Stockholders, the following reso-lution
was adopted : " That the President and Directors of
the Wilmington and Raleigh Rail Boad Company, be instruc-ted
to confer with the parties to whom corporate rights and.
privileges. havb been granted, by the Legislature of S. C, for
the purpose ofj constructing a road from some point of the W.
and M. road, o the city of Hamburg, to obtain the co-opera-tion
of the Wilmington and Alanchester Rail Road Company
10
and all others interested in the accomplishment of the work,
and to report the result of their enquiries 1o the next annual
meeting of the Stockholders of this Company, or to call a
meeting of the same, if in their judgment it is expedient, to
take early action on the same."
In pursuance of this resolution, the President of this Com-pany
had several interviews with the different parties inter-ested
in the construction of this contemplated work, and re-grets
to report, that, from a careful survey, its cost was found
to be so great as to deter the parties from the undertaking.
At the same meeting, two other resolutions were adopted
by the -Stockholders, instructing the President and Directors
to apply to the State Legislature, to obtain its consent to
change the corporate name of the Company, from the Wil-mington
and Raleigh, to the Wilmington and Weldon Rail
Road Company, and to reduce the vote of the State in the
general meetings of the Stockholders, in proportion to the
amount of stock owned by the State. Both of these applica-tions
were granted, and as soon as they are respectively adop-ted
by your body, they will become parts- of your organic
law.
Since your last meeting, indeed but a te\r days befoie your
present assembling,. the community of Wil.nington has been
called upon to mourn over the death of one of its most useful
citizens, your Company to mourn over the death of its found-er
and patron, and at the time, an acting Director, Gov.
E. B. Dudley. Coming to manhood possessed of an ample
fortune, his lifelong endeavor was to use ;t in the advance-ment
of the interests of the public. Under the. influence of
this .patriotic proclivity, he freely gave his time and money,
and bent the whole energies of his noble soil, to the inception
and completion of the Wilmington and Rileigh Rail Road.
Through sunshine and through storm, he was its constant
friend. I suggest that your body adopt some suitable steps
to commemorate his worth, and to transmit to posterity the
benign influence of the example afforded ly his well spent
life.
Yours Respectfully,
WM. S. ASHE.
Pres't. W. 6r W R- R- Co.
11
REPORT OF THE ENGINEER & SUPERINTENDENT.
Hon. Wm. S. Ashe, President
:
Sir : I have the honor to submit herewith my annual Re-port
of the operations of your Road, during the' fiscal year
ending September 30, 1855 :
The Earnings of the Road for the year are as follows :
Freight upward, (North) $46,361 11
Do. downward, (South) $95,9S7 61 $142,348 72
Through Passengers, receipts from, $151,377 95
Way Passengers, receipts from, - $96,594 59 $247,972 54
Transportation of United States Mails 1 48,600 00
Incidental receipts 3,072 80 $51,672 80
Total Earnings $441,994 06
The Current Expenses of the year have been 26S,818 23
Leaving a balance of nett Earnings of $173,175 83
The expenditures for operating the Road have been as
follows :
REPAIRS OF ROAD,
Salaries of all the officers, pay of Road and Section Masters, Master Carpenters of Tres-tle
and Bridge Repairs and all their Hands, including Watchmen at covered Bridges
and Hands at three Stations - $31,819 03
Provisions and Clothing for Negroes $13,051 13
COST OF MATERIALS.
Timber for bridges and trestle-work,—Crossties, Iron Rails
and Spikes, - $32,962 86 $77,833 02
EXPENSES OF THE DEPARTMENT OF
TRANSPORTATION,
"Repairs of Locomotives." This includes the cost of New
Locomotives, and materials of all kinds, and labor used in
repairs of the same, •_... $46,309 94
REPAIRS OF COACHES AND CARS.
This includes the cost of new Coaches and Cars, and materials
of all kinds, and labor used in building and repairing the same $34,216 96
EXPENSE OF TRANSPORTATION.
This includes the pay of Conductors, Engineers, Train hands
and firemen, for all trains, fuel, oil, cotton-waste, station
buildings, houses of Section masters of repairs, and pay of
Station Agents, : $110,058 29 $190,585 19
Office expenses, ... 400 02
Total cost of operating the Road, $268,818 25
From this amount there should be deducted the cost of,
PERMANENT IMPROVEMENTS.
Cost of constructing culvert acqueduct from Wasehouse to
Wharf,. $825 00
Cost of rebuilding sustaining Wall, adjacent to Warehouse,.. $1,250 00
Cost of filling in permanent Wharf, 10,000 cubic yards of
earth, at 13 cents per yard, $1,300 0O
Cost of crib-work for the same, $1,149 00> «
Cost of Track Scales at Wilmington and Weldon, t $1,575 00
Cost of 50 tons of new Rails at $56,50 per ton, $2,825 00
12
Cost of 40,000 crossties, purchased and paid for this year, over
and above the number paid for any previous year since the
track has been relaid,..-.' $10,000 00
Cost'of three new houses for Section Masters, of repairs, two
wood sheds and materials for freight shed, $1,500 00
Cost of Hospital and negro house, at Wilmington, $1,250 00 $21,674 00
There are also charged in the cost of operating the
Road, the following extraordinary expenditures, that
do not properly belong to this account, and should be
considered to show how a portion of the increased
cost of this year has been made up
:
Cost of repairing Engines and Cars, damaged by accidents that happened
before- 1 entered upon my present duties, $10,000,.00
Provisions and Clothing purchased and used last year, but
X>aid for this, against which there are no outstanding debts
for provisions, &c, this year, $2,415 33
The increased cost of Provisions this year, increases the ex-penses,
1,725 00
The increased cost of Oil this year, increases the expenses, 300 00 $4,430 S3
Total amount of increase this year from causes not existing at
the date of the last annual report, -.. $36,104 33
This amount deducted from 268,818 23 will leave— $232,713 90
as the relative cost of operating the Road, and if we add to this the two
items stated above as "increased cost of provisions and oil," $2,025 00
we have for the actual cost, of the operating the road this year, $234,718 90
The cost of operating the Road last year, exclusive of Steamboats, was $233,321 39
Increased expenditures this years, - $1,397 51
The increased receipts this year on way travel and freights are more than.. $30,000 00
There are other permanent improvements to the Company's
property not enumerated above ; such as,
The new passenger Depot and Eating house, construct-ed
this year.
The Depot for passengers at Weldon, completed this vear,
The new Bridge over Smith's Creek, nearly completed.
The cost of these improvements so far as the bills have
been adjusted, will be seen by a reference to the statement of
the Treasurer.
CONDITION AND DEPRECIATION OF TRACK, BRIDGES, AND .
TRESTLE WORK.
I have just completed a thorough examination of the Track,
Bridges and Trestle work ; which enables me to report the
Road in good condition. The Track, as you are aware, has
been all laid (with edge rails) within the last five years, and
according to the best authorities on the durability of Rails
and Crossties, should, now show but little deterioration in Rails,
and only a moderate amount of decay, in Crossties. This
however, is not the fact. From the date of my first examina-tion
of the Road. (Dec. 1854,) to the end of September, our
13
repair hands have been fully employed in putting in new
crossties, and a small number (all that were on hand) of new
rails. The number of crossties laid since January, is 65,000 —50 tons of new Rails have also been laid down, with about
200 additional Rails, taken from points where they could be
spared, making about 59S new Rails added to the track, since
Jan. 1855. Being about 28 miles of new Crossties, and.
more than one mile of Rails renewed this season.
The cause of this early, and great depreciation of the track,
may be attributed to the inferior quality of a portion of the
Rails, and to the fact, that a part of .the new track was laid
with old crossties, from the flat rail track, and in some cases
old wooden railing was used for crossties. Another cause of
the rapid destruction of the crossties on this Road is the. ab-sence
of the 'Chair,' at the joints. It is a fact, that my attention
has been ofttimes called to, by almost every Master of Section
Repairs, that the joint crossties have to be replaced, (they
say) every two or at most three years, while the other cross-ties
will last from six to seven years. The rails are also
much injured by the omission of the' "Chair," as can readi-ly
be seen, in consequence of the difficulty of keeping the
rails firmly in their place. The spike will not hold the ends
of them firmly on the crossties.
Assuming this estimate of the durability of the track to be
correct, and we shall have to provide for renewing one-sixth
of the whole number of Crossties, and one-twelvth of the
Rails, annually.
COVERED BRIDGES.
The old trestle Bridge over " Smith's Creek," was deemed
unsafe by my predecessor, and he had. caused abutments and
a pier to be constructed of stone, for a new Bridge. I recom-mended
a " Lattice" Bridge, which the Board of Directors
ordered to be constructed. The bridge has been completed,
(except the weather boarding and roofing,) to my satisfaction.
The old lattice bridge over the "North-East" branch of the
Cape Pear, was examined and found to have settled, and
become somewhat warped, but it was found upon a thorough
examination, that the timbers were sound, and that
"benches" having been placed under the middle of each span
had so much strengthened it that an immediate reconstruc-tion
was not necessary ; though it was deemed best to pre-pare
a bridge that could replace the old one at short notice,
This course having been approved by the Board of Directors,
materials will soon be in readiness for a new bridge, to be
14
framed and laid aside until wanted at this point. The bridge
over '-Rockfish" was thoroughly rebuilt by my predecessor,and
is now in good condition. The "Neuse River" bridge is a
new and good one.
The bridges over " Contentney Creek," "Fishing Creek,"
and "Q,uanky," are in a good state of preservation.
The bridge over the "Tar River" warped and settled consid-erably,
several years since, but as the timbers are sound, I
design putting plank arches in each span ;
(after raising and
straightening it,) to preserve the proper position and give the
necessary strength.
The trestle work has been well overhauled and repaired
during the past summer, and is in good order. The cost of
keeping up the trestle work is so great, that I hope at an early
day to avail myself of the authority recently granted by the
Board of Directors, to employ two gravel trains, in filling it
up. The annual repair of this work cannot cost less than
$15,000. There are about three miles of it, in addition to
culverts and covered bridges above enumerated. Nearly the
whole three miles can be filled, and thus reduce our expen-ses
in this branch by at least $15,000 per annum.
REPAIR SHOPS.
The force employed in the Company's Repair Shops, has
been constantly occupied during the year with repahs, and
new work.
The Machine Shop has" received about $7,000 worth of
superior, new tools, which now enables us to do promptly,
economically and thoroughly, the repairs to our Engines, that
become necessary ; as well as to rebuild several of the Com-pany's
old ones, that require overhauling.
There have been constructed at the Company's Shops, dur-ing
the year, three second class passenger cars, three second
class passenger and baggage cars, and 25 box freight cars,
besides the repairs to make good cars injured by the accidents
heretofore .referred to.
It gives me pleasure to report the Road, its buildings and
machinery, in very excellent order, with the exceptions allu-ded
to above. I would also except wood and water stations,
that are now undergoing repairs.
TRANSPORTATION.
We have this year carried over the Road 33,499 through
passengers, and 68,644 way passengers ; an average number
of 280 passengers per day. Our passenger trains—day and
night, have run regularly, seldom missing a mail connection,
15
and without injury to life or limb, except in one case, and
that but a very slight injury, and caused by the passenger
himself, from standing where he ought not to have stood, on
the platform of the cars. Our day express train has run at
an average rate of thirty miles per hour, and our night train
at twenty-five miles per hour. When arrangements at sta-tions
are so perfected, as to render stoppages of three or four
minutes (tor wood and water, or passengers,) only necessary,
we can reduce our speed.
The through travel has fallen off this year, in consequence
of the general depression of business, while our way travel
has increased- The precise extent of this change from last
year, cannot be determined, because of the blending of Steam-boat
and Rail Road receipts during a portion of last year.
But by comparing the receipts for eight months of last year,
after the Boats were taken off, with the corresponding months
of this year, we find the way travel has yielded an increased
income of more than $13,000, which, ratio would give about
$20,000 increase in the whole year, from this source. •
As was anticipated, considerable feeling against me has
been manifested, in consequence of my endeavors to restrain
the " free riding" within the limits prescribed by the Board
of Directors. If any errors have been committed in this mat-ter,
they were unintentional, and resulted from a determina-tion
to do my duty faithfully and impartially. Many Rail
Road Companys have been compelled to cut the free riding
off altogether, in consequence of the great difficulty of restiain-ing
it within proper limits.
The whole number of miles run by passenger trains this
year, is 236,520. The number of cords of wood consumed
by passenger locomotives is 5,913 ; or 40 miles run to each
cord of wood used. Oil used on engines and tenders, 2,008 1-2
gallons ; or about one pint of Oil to 14-09 miles run.
Our freight trains have continued to run with regularity,
and have afforded every facility possible for the transportation
of freight. And although it shows an increase this year of
$23,885 15, over the receipts of last year, if we deduct from
the total receipts of last year, $12,000, for freight on Rail
Road Iron for N. C. Rail Road, transported, in part, in
1853, but charged in March 1854, yet it has not equalled
our expectations. The great falling off in our downward
freight, caused by the depressed state of the market for the
great staple of Eastern Carolina, (Naval Stores) has reduced
our income from this source more than $8,000. This sum
16
would have given us a total of $150,000 for the year, which
was anticipated.
By affording every facility for the transportation of freight,
and by adopting a tariff of charges suited to the work to be
done, and never higher than articles will bear, our receipts
from this source for the next year cannot fall short of $175,-
000. This estimate of course, includes the anticipated in-crease
from the North Carolina Rail Road, which must ulti-mately
become a great feeder to this Road.
The whole number of miles run by our freight trains this
year, is 86,112, and the freight engines have consumed 2,'975
cords of wood, or an average of one cord of wood to 29 miles
run. Oil used 1,092 gallons, or one pint of oil to 9-85 miles
run.
Our stock of cars now in use, consists of,
First class Passenger Cars, in fair order, - 14
Second class do. do. in good order, built in Company's Shops, this year... 3
Do. do. do, and Baggage Cars in good order, built in Company's Sbops
this year, - - .' S
Baggage Cars 2—Adam's Express Cars 2, -- 4
Mail Cars 3, all in good order, 3
Crate Cars 3—one broken, 2 in good order, .- •_.. 3
Total - 30
Crates 7, in good order, -
Total Coaches and Cars for passenger trains, . 30
FREIGHT CARS.
Box Cars, , - 26, 20 in good order, 6 old and worn.
" " .- ' 20 new ones nearly completed.
Platform Cars 63 in good order.
" " 7 worn, but repairable.
Dirt Cars, - - 9 old and worn but serviceable
Total, 120 freight Cars.
I am now able to report our motive power and rolling stock
sufficient for the wants of the Road, for the next two years
—
with the ordinary repairs that will be done at the Company's
Shops.
The new passenger Depot, including the eating Saloon,
passenger rooms and baths, will soon be completed, and put
in charge of the lessee, who pays for the establishment an an-nual
rent of $2,720, I propose that he shall commence accom-modating
passengers there on the first day of Nov. next, after
which it is to be hoped there will be less cause of complaint*
on the part of the traveling public, for want of suitable accom-modations
for travelers, at this point of the great Inland Route.
I have, with your approbation, adopted what I trust will
prove a more economical and efficient method of supplying
fuel for. our engines. It is briefly as follows : to have only
17
six to eight stations for wood and water, for the passenger
trains, where the wood is the property of the station keeper,
who delivers it to the engines as it is wanted, and for which
he receives a check from the Engineer. These wood ac-counts
to be settled monthly. Water to be pumped by the
wood contractor for a per centage on the amount of wood taken
at the Station. It is a system that has long worked very
successfully on the Georgia Railroads. I propose to locate the
wood stations where wood is still abundant, and of the best
quality. I propose to take wood at the way-side, in such quan-tities
as our freight engines require; upon the same plan. This
will enable small contractors to supply wood ready for the
engines, convenient to their locations, and yet, at a much
cheaper rate than that at which it has heretofore been sup-plied.
The proposed reduction in the number of repair hands and
Section Masters, which has met your approbation, together
with the new arrangements I am now trying to effect, in
the manner of supply ing wood and water, will reduce our road
and transportation expenses about $10,000 per annum.
For the details of the operations of the road, I beg to refer
you to the tables accompanying this report.
Permit me to call your attention to the faithful, prompt and
satisfactory manner in which the officers and employees of
the. Company under my direction (with but few exceptions)
have performed the duties required of them. I think it would
add to the efficiency of the management in operating the
road, to require each officer who is responsible for the man-ner
in which his assistants perform their duty, to recommend
to the proper authorities, such persons as he may be willing
to become responsible for—and as a matter of course—with-out
there is some manifest objection, let such recommenda-tions
be confirmed. This method seems to succeed well
where it has been adopted, and on most of the best conduct-ed
Roads it is now in force.
I cannot in closing this report fail to express the high opin-ion
I entertain of the long and faithful services of my able
and experienced predecessor, who, in performing the double
duty of President and Superintendant, has rendered most
valuable services to the Company. If in any recommenda-tion,
I have at any time felt it my duty to make, I have dif-fered
in opinion from him, or in any manner changed the
management adopted by him, it was not from any want of
respect for, or confidence in his superior knowledge, and ex-
2
18
perience ; but solely because I believed the weight of testi-mony,
confirmed by my own observation, impelled me to the
course I have taken.
Respectfully Submitted,
S. L. FREMONT,'
Engineer Sf Superintendent
REPORT OF THE AUDITING COMMITTEE.
TO THE STOCKHOLDERS OE THE WILMINGTON & WELDON RAIL ROAD .
Gentlemen :—The undersigned appointed for the pur-pose
of auditing the accounts of your Company, for the year
ending September 30th, 1855, beg leave to report that they
have made a thorough examination of the books and stock
account and compared all the entries with their proper vouch-ers,
and found them correct, with the exception of the omis-sion
of one freight bill, and several errors in the footings of
the way bills, all of which have since been corrected.
We submit the following statements, showing the result of
the Company's business for the past year .
RECEIPTS.
Amount received for Through Travel - -$151,377 95
Do. do. do. Way do. 96,594 5
9
Do. do. do. Freights - 142,348 72
Transportation of Mails, Rents, &c. .- . 51,672 SO
$441,994 00
EXPENDITURES.
Cost of Transportation, including Repairs of Locomotives,
Coaches and Cars and Depot Expenses .- $190,585 19
Railroad Repairs, including Cost of Materials, Pay of Offi-cers,
&c, Subsistence and Clothing -— 77,833 02
Office Expenses - — — - 400 02
Interest and Exchange, -. - 59,715 90 $328,534 13
Nett Profits - - $113,459 93
LIABILITIES OP THE COMPANY ON THE 1st OCTOBER, 1855.
Old Bonds payable in England at 5 per cent L - $222,666 67
Bonds endorsed by State of North Carolina at 6 per cent..-. 250,000 00
New Bonds ijayable in England J .-. 443,555 56
Bonds to the United States, payable in Mail service 2.752 40
Bills Payable ...I'. 44,563 89
Due on Pay Rolls -. 9,620 B0
. 19
Bo. Negro Bonds, 1S44 to 1855, inclusive 39,552 78
Do. Dividends No's 1, 2, 3, 4, 5, 6, 7, 4,765 50
Balance Due on 30 shares of Stock, surrendered to be rode out
;
224 04
Due to sundry Individuals and Corporations 9,296 84
$1,026,998 18
CONDITION OF THE COMPANY ON THE 1st OCTOBER, 1855.
Liabilities of the Company.. i $1,026,998 18
Capital Stock paid in. 1,340,213 21
Balance of Profits from commencement of operations to present time, af-ter
paying IntestonDebt 656,239 47
$3,028,450 86
Cost of Construction, Real Estate and Reconstruction $2,776,403 89
29 shares Company's Stock purchased and balance due on For-feited
Stock 3,850 00
"Wilmington and Manchester Rail Road stock 100,000 00
Washington and New Orleans Telegraph stock 3,150 00
Bills Receivable 35,021 66
Due from Individuals and cost of Ferry Boat, Warehouses
and Passenger Sheds at "Weklon and Wilmington — 52,770 59
Due from Agents 9,657 08
Due from Post Office Department for Mail service :.-- 12,150 26
Counterfeit Money taken 596 54
Cash in London and Ralsigh to pay Interest due -- 13,329 11
Cash in hands of Treasurer 16,521 73
$3,023,450 88
All of which is respectfully submitted.
H. BAKER, )
F. S. MARSHALL,^ Committee.
D. MacRAE, \
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TO
INCORPORATE
THE
WILMINGTON AND RALEIGH RAIL ROAD COMPANY |
WITH
AN ACT TO AMEND THE SAME.
Be it enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority
of the same, That it shall be lawful to open books in the
town of Wilmington, under the direction of Edward B. c
p£.ing
Dudley, P. K. Dickinson, Robert H. Cowan, Aaron Lazarus, "oners to
James Owen, William B. Meares, William P. Hort, Alex- of subscrip-ander
McRae and James S. Green, or any five of them ; and tlon'
in the city of Raleigh, under the direction of Gavin Hogg,
William H. Haywood, Charles L. Hinton, Johnson Busbee,
Charles Manley, Alfred Jones, Willis Whitaker, Ruffin Tuck-er,
Weston R. Gales and E. P. Guion, or any five of them
;
and at any other places, under the direction of commission-ers
which may be designated by any three of the aforesaid
commissioners at Wilmington, or any three of the commis-sioners
at Raleigh, for the purpose of receiving subscriptions
to an amount not exceeding eight hundred thousand dollars,
in shares of one hundred dollars each, to constitute a joint ssoo,oqo
1 1 L 1 r m • • • limit
capital stock, tor the purpose of effecting a communication of Capita!
by a rail road, from some point within the town of Wilming- stock-
ton, or in the immediate neighborhood of the said town, to the
city of Raleigh, or in the immediate neighborhood of the^^m
said city, the route of which road shall be determined on by Road.
the company hereby incorporated. The time and places of
receiving subscriptions as aforesaid shall be made public by
an advertisement in some newspaper published at Wilming-ton,
and a newspaper published in Raleigh ; but the said
30
commissioners, and deputy commissioners, shall keep open
the said#books at least sixty days at each place of opening
them ; and at the time to be fixed by the commissioners at
Wilmington for that purpose, it shall be the duty of the said
commissioners and their deputies to make return to the said
commissioners at Wilmington of the subscriptions by them
Meeting of taken respectively ; and if it shall appear that three hundred
whe
S
n
ribers thousand dollars, or any larger sum, has been subscribed,
$300,000 is {h e commissioners at Wilrnineton shall make it known bv
subscribed. , . ., ° itiii i
'•
i advertisement in the newspapers published there, and in the
. city of Raleigh, and call a meeting of the subscribers at such
time and place as they shall think fit, provided they shall
give at least twenty days' .notice of said meeting ; but if
Books to be the sum of three hundred thousand dollars shall not be sub-un
«i$foiv scribed for within the time first appointed, the commissioners
bribed™'
3
' at Wilmington and Raleigh, and at other places to be desig-nated
as aforesaid, shall again open the said books to receive
further subscriptions, and keep them open until such time
as they may deem proper and fit ; and the like proceedings
shall be adopted by the said commissioners and their depu-ties
upon the re-opening of said books, as are required to be
pursued upon the original or first opening of them ; and if
the whole amount of the capital or joint stock shall not be
subscribed for upon either the first or second opening of the
said books, then the books may be closed or continued open,
as a majority of the commissioners at Wilmington may
judge most beneficial, and for such a period of time as they
may prescribe: Provided however, that if upon the first or
upon the second opening of the said books, the sum of three
hundred thousand dollars shall be subscribed for, the power
to continue open the said books shall be transferred and
vested in the subscribers to the said company, or the presi-dent
and directors whom they shall appoint, and not in the
commissioners.
2. Be it further enacted, That when three hundred
shares shall be subscribed for in the manner aforesaid, the
subscribers,, their executors, administrators or assigns, shall
be, and they are hereby declared to be incorporated into a
body politic or company, by the name and style of "The
Wilmington and Raleigh Rail Road Company ;" and in that
name may sue and be sued, plead and be impleaded ; and
shall possess and enjoy all the rights, privileges and immuni-ties
of a corporation or a body politic in law ; and may make
all such rules, bylaws and regulations, not inconsistent with
the constitution of the United States and this State, as shall
Incorpora
ting Com-pany.
31
be deemed necessary for the well ordering and conducting
the affairs of the company.
3. Be it further enacted, That upon any subscription for w^n.^1
stock in said company, there shall be paid two dollars on ments shall
each share at the time of subscribing, which payment shall subscribers.
be made to the commissioners receiving such subscriptions ;
and the residue thereof *hall be paid in such instalments,
and at such time, as may be required by the president and
directors of said company. The commissioners and deputy
commissioners appointed to receive subscriptions, shall. forth- Commis-with.
after the election of a president and directors of the pay over°in-company,
pay over to the said president and directors all
reoeivedby
moneys received by them ; and on failure thereof, the said them.
president and directors may recover the amount due from
them, or from any one or more of them, by motion or by pe-tition,
in any county or superior court of the State; and if
the sums are demanded by petition, the defendants shall
answer on oath, and the suit, whether by motion or petition,
shall be heard and determined at the first court : Provided
however, that in either case, the defendants shall have been
notified at least ten days before the court, in which the mo-tion
is made or the petition filed.
4. Be it further enacted, That when three hundred th-our General
sand dollars or more of the said stock shall be subscribed for, subscribers
public notice of that event shall be given by any three or^o^Jtb-''
more of the commissioners at Wilmington, who shall have Koribed
power, at the same time, to call a general meeting of the sub-scribers,
at such convenient place and time as they shall name
in said notice. To constitute such meeting, or any general
meeting of the stockholders, a number of persons holding
a majority of all the shares shall be present, either in person a majority
or by proxy ; and if a sufficient number do not appear on toberepre-the
day appointed, those who do attend shall have power to commute a
adjourn from time to time until a meeting shall be formed. meeting.
• 5. Be it further enacted, That the proprietors of the Election of
stock, at 'the' general meeting above directed, and every an-tenDim--
nual meeting thereafter,, shall elect a president and ten di- t01's-rectors,
who shall continue in office,, unless sooner re-moved,
until the next annual meeting after their election, President or
and until their successors shall be elected; but the said pre'- to/may^'e
sident, or any of the directors, may at any time be removed. ^mo
^, a
a
t
and the vacancy thereby occasioned be filled by a majority weaned
of the votes given at any called or general meeting. The™een"g'
president, with any five or more of the directors, shall con- 5 Directors
stitute a board for the transaction of business; and if the quorum.
16 a
32
tia]
vacancy.
ltial office of president become vacant, the directors shall elect
one of their own body pro tern.; and if there be a vacancy
Dfre
a
c
n
tory
in m me directory, the other directors may fill the vacancy
by electing a stockholder ; and if the president shall at any
profem^ time be aDsent from the board, the directors may, if five be
present, appoint one of their own body to act as president
during that meeting.
mating of 6. Be itfurther enacted, That there shall be annual meet-stocknoid-
ings of the proprietors of stock, at such times and places as
the preceding general meeting have appointed. Proprietors
Neither may attend by proxy, under such rules as the by-laws pre-
D^rectOTs,' scribe : Provided, that in no case shall the president, or
A^enteto01 any director, vote under the authority of another stockhold-act
as er ; nor shall any officer or agent of the company be the
any
X
pro
a
xy proxy of a stockholder ; and if there be any proxy which is
in which
one of jointly made to the president and another or others, or to
edTith^n
11 an^ director and another or others, or to any other officer or
other to be agent of the company jointly with another or others, the
V0ld- proxy shall be void.
m^etln s f
^' ^e ^ further enacted, That special meetings of the
stockhoid- company may be called by the president and directors, or a
caiied
aybe
majority of their board assembled ; or it shall be called by
Director
7 president whenever ten members of the company or
or by any more, owning together two hundred shares, shall require it
:
holders Provided, that public notice shall be first given of the time
sh^re^
200 and place of said meeting, and of the purpose for which it
is called, unless the interest of the company requires that the
cause of convening the meeting should not be published
:
And provided, that either in person or by proxy, there shall
be present at the meeting a number of persons owning to-gether
a majority of the srock.
TnTiMrec- ®*' Be li further enacted, That the president and direc-tors
invest- tors of said company shall be, and they are hereby invested
IssaTy pow- with all the rights and powers necessary for the construc-piete°
road!~ tion, repair and maintaining of a rail road to be located as'
aforesaid, and to begin at such point and prosecuted in such
directions as the stockholders shall direct : and they may
cause to be made and constructed for the said company all
works whatsoever, which may be deemed necessary or ex-pedient
to the successful and proper completion and enjoy-
^nt
a
$fi-ment
°* S 'd^ rall road- They may appoint a secretary and
cers&take treasurer, and other officers, and take from them bonds and
them! buT security for the faithful performance of their duties, which
orcompen- bonds shall be made payable to the company ; but the sala-sationtobe
ries or other compensation of the said officers shall be regu-
33
lated by the stockholders in general meeting. And d u ring fixed by
the intervals between the general meetings of the stockholders.
ers, the president and directors may transact all the business
of the company, with the limitations herein before and here-after
stated.
9. Be it further enacted, That the president and direc- President &
tors shall have power to make contracts with any person or power to
persons, on behalf of the company, for making said rail road, ™act
e
s°
ca'
and performing all other works respecting the same: Pro- Preeid't nor
vided, they shall not make an v contract with any member any Direc-r
,
7
, n r i -ii -l l , tor to be COQ-oi
the board or directors, nor with the president, without the trae.t'r-witv
express assent of the stockholders being given to such a °?^tockhts-contract
at a general meeting. ders-
10. Be it further enacted, That at any general meet- n° one hav-ing
ot the stockholders, no person who has an maividual.m-viduannter-terest
in a question to be decided by them, shall be allowed quesHon
7
ai-to
vote either for himself, or as the proxy of another stock-^e
edt0
holder ; and no person shall be elected a president or a di Nooneeii-rector
of the company, who does not own at least twenty ^e^^
shares of stock in the company ; and if any person, after his Director
election to the office of president or director, ceases to be the nouwnso
owner of so many shares, he shall thereupon cease to be a*a
c
r
|
s
a^fdif
president or a director of the company, and the vacancy any such of-shall
be filled as heretofore provided for; nevertheless the to own 20
stockholders may elect a president and directors who are not officevacaJ'
owners of twenty shares each, if it is done by the unanimous ted-
consent of those present at a general meeting.
11. Be it further enacted, That if any stockholder shall How inB**k
fail to pay the sum required of him, on his subscription, by be collected.
the president and directors,- or a majority of them, within one
month after the same shall have been advertised in some
newspaper published at the seat of government, it shall and
may be lawful for the said president and directors, without
further notice, to move for judgment in the county or supe-rior
court of Wake or of New Hanover against the delin-quent
stockholder or his assignee, or both, for the amount of
the instalment required to be paid, at any court held within-one
year after the notice, and the court shall give judgment;
accordingly ; or they may sue for the same, in an action of
assumpsit, or by warrant, according to the jurisdiction of the
respective tribunals of the State ; and in case of a warrant,
there shall be no stay of execution ; and it shall and may
be lawful for the said president and directors, either without
any such suit or after it, to sell at public auction, and convey
to the purchaser, such share or shares of such stockholders so
3
34
failing or refusing, giving however one month's notice of the
time and place of sale, by advertisement in some newspaper
published at the seat of government ; and after retaining ihe
sum due and all costs and charges of the suit or of the sale,
or of both, out of the proceeds thereof, to pay the surpulus
over to the former owner or his legal representative ; and if the
sale shall not produce the sum required to be advanced, with
the incidental costs and charges aforesaid, the president and
directors may recover the balance of the original proprietor,
or his assignee, or executor or administrator, by notice in
court as aforesaid ; or if judgment has heen already obtained,
they may take out execution thereon for the balance due
them ; and any purchaser of the stock of the company, un-der
the sale by the president and directors, shall be subject
to the same rules and regulations as the original proprietor
;
and no sale by the original proprietor or his assigns, nor by
the company, shall release the original proprietor from his
obligation to the company to pay the whole amount of his
subscription: but the president and directors may proceed
against the original proprietor and his assigns, or the assignee
of the original proprietor and his assigns, so that they do not
exact full payment from both, or any more than one.
Debt of a 12. Be it further enacted, That the debt of a stockholder
of?a^e dig- due to this company for stock therein, either as original pro-
^ents
8judg
pvietor or first or subsequent assignee, shall be considered as
of equal dignity with judgments in the distribution of the
assets of a deceased stockholder by his executor or admin-istrator.
Authorized 13. Be it further enacted, That it shall and may be law-
^Ptake
a
by ful f°r tne sa^ company to purchase and hold, and take by
gift or de- gift or devise all lands and other estate and property of any
ofotheres- kind, to be by them used or improved, or resold and convey-tate
' ed : Provided, the said property and estate are faithfully ap-plied
to the purposes and objects hereby intended to be effect-ed
; and in general meetings and at other times, the presi-dent
and directors for the time being are hereby authorized
and empowered, by themselves or their agents, to exercise all
the powers herein granted, and all such other powers and
authority for the effectual prosecution of the undertaking
hereby intended to be effected^ and for Jhe management of
the affairs of the corporation, not herein before gi anted, as
may he necessary to carry into effect the object of this grant.
Mode by 14. Be it further enacted, That, if the president and di-maybe
con- rectors aforesaid cannot agree with the owners of land
mfof^oad. through which it may be necessary to make the said rail
35
road, as to the terms upon which the said rail road shall be
opened through the same,' then it shall and may he lawful
for the president and direetors to file a petition, in the name
of the company, in the court of pleas and quarter sessions of
the county wherein the land lies, under the same rules and
regulations as are now prescribed by law tor laying off pub-lic
roads in said county; and upon the filing of said petition,
the same proceedings shall be had as in cases of laying off
public roads, excepting these, . to wit: the president and di-rectors,
by themselves or by their agent, shall mark out the
course of the road, and it may be wide enough to give the
company sixty-five feet clear on each side of the base of the
road ; and the jury, in assessing the damage, shall likewise
assess the value of the benefits resulting to the owners of
the land lor the constructing of the road through or near the
lands of the. owner or owners of that which is marked out
for the road and the jury shall be sworn to act accordingly ;
and when the jury shall have assessed the damages to the
owner or owners of the land, through which the- road is laid
off, and also the value of the benefit resulting as aforesaid,
it shall be returned to court, and final judgment entered ac-cordingly
for .the damages assessed, which, however, shall
be extinguished pro tanto by the lvalue of the benefits re-sulting
to the owner ; and it shall be lawful for the company
oi* the president and directors to pay the difference, if there
be any, into the office of the clerk for the use of the owner or
owners, or his, her or their guardian, as the case may be, and
thereupon, and also if there be no damage due, enter upon
the land laid off, and construct their road or other improve-ments
thereon, to make all necessary excavations and em-bankments,
and to hold the said land to their own use and
benefit ; and in all things have the same power over the said
land so laid off as though they owned the fee simple there-in:
Provided^ that nothing in this act contained shall be. so Grave Yard
construed as to give power to said company to lay off said ^
ar
,^
enn°r
road through the yard, garden or burial ground, appurtenant used for
to the mansion house of any person whatever, without the out
d
c<^ent
consent of the owner thereof, or his, her or their guardian, ofownta
as the case may be.
15. Be it further enacted, That the written consent of Eight of
any owner or proprietor of any lands through which the said evidenced^
road is to be constructed, showing his, her or their agreements consent
to the same, shall be valid and effectual to give the same of owner."
power and authority over the lands covered by the road, and
sixty-five feet on each side thereof as aforesaid, as if the'
36
same had been conveyed by a deed of bargain and sale, or
condemned upon petition as aforesaid ; and although the said
lands may belong to a. feme covert, the signing of such as-sent
by her and her husband shall be as conclusive and ef-fectual
against her, as though she had been a feme sole, sub-ject
however to the proviso contained in the preceding sec-tion
; and this assent shall be binding and conclusive though
it be signed before the company is formed.
How-mate- 16. J^e {f further enacted, That when any wood, gravel,
rials for, . 1111 i^i • •
road may be earth or stone shall be wanted tor the construction or repair-
«*>tainea. ^ Q£ ga -^ ^^ an(j t
-\
f]e p res id e nt and directors cannot agree
with the owners of the lands adjacent as to the terms for
which they can procure the same, then it shall be lawful for
the president and directors, by themselves or agents or offi-cers,
to enter upon any adjacent lands not in a state of cul-tivation,
and take therefrom all wood, stone, earth or gravel'
so needed as aforesaid : Provided, that they shall not, with-out
the owner's consent, cut down any fruit trees, or trees
preserved in any lot or field for shade or ornament, or take
any timber, gravel or stone, constituting any part of a fence
or building ; and when any gravel, stone, or earth shall be
taken as in this act is provided, the president and directors
may tender amends to the owner or proprietor; and if the
owner or proprietor shall be dissatisfied with the amount, he
may refuse it, and file his petition against the company in
any court of the county where the land lies, (first giving ten
days' notice thereof to the president and directors) praying
to have a jury summoned to go upon the land; view it and
assess the damages he, she or they may have sustained
thereby ; upon which it shall be the duty of the court to or-der
a jury as in laying off public roads ; which jury shall
go upon the lands, and, after being duly sworn to do equal
justice to all parties, they shall consider what damages the
owners of the land shall have sustained ; and, after assess-ing
the same, shall return their proceedings to court ; and if
the court approve thereof, the damages so assessed shall be
paid by the company; but if the court shall not approve
thereof, they shall order another jury to be summoned, who
shall proceed in like manner to assess and make return to
the court; and if the court shall approve thereof, the com-pany
shall pay the damages assessed ; and if they do not
pay it, judgment may be entered and execution may issue
thereon as against other corporations : Provided however,
that the jury shall in all cases take into view the benefit
which has resulted to the owner of the land by the construe-
37
tion and maintaining of the road : Provided further, that
if the damages assessed by the jury are not more than the
amount tendered by the company or its agent, (although the
amount of the tender be not paid into court,) the petitioner
shall not recover costs : And provided further, that either
party not satisfied with the judgment of a county court in
such cases, may appeal therefrom to the superior court, upon
giving bond and security, as in other cases of appeals.
17. Be it further enacted, That the president and direc- May 6°te
.,•' J ; ±, ' J , on lands for
tors, ana all other officers and agents or the company, may a survey of
enter upon the lands of any person, or persons whatever, for
route
the purpose of surveying a route for the said rail road and
laying off the same ; and they may mark or chop on the
trees the courses laid off as aforesaid, so that they do not in-vade
the dwelling or the yard or garden of any person or
persons, without his, her or their consent.
18. Be it further enacted, That if the president and di- if road io-rectors
of said company shall, without the consent of 1 he ]°and is con-owner,
construct the said rail road over the lands of any per- o"™
6
^ fite
son or persons before a condemnation of the same in the petition for
r .,,. . ,
;
. •in i damages.
manner provided in the preceding section, it shall and may
be lawful for the owner or owners of said land to petition
after the manner and according to the rules provided in the
sixteenth section hereof, and not otherwise ; and after the as-sessment
of the damages to be paid, and the payment there-of,
the property in. the ground covered by the road and sixty-five
feet on bach side thereof, measuring from the base of
the said road, shall become to all intents and purposes vested
in the company in fee simple ; and if the owners of said Np action
lands shall bring any action of trespass against the company snain^
38*
or any of its officers, or any other action but a petition as images for
aforesaid, the defendants may give this act in evidence under
J°
c
^
tion of
the general issue, or upon a special plea ; and it shall bar the
said action or suit.
19. Be it further enacted, That it shall and maybe law-grectSto
ful for the said president and directors to determine from time determine
to time what instalments shall be paid on the stock subscrib-fnataiment*.
ed ; to purchase with the funds of the company, and place to purchase
on the said rail road constructed by them, all machines, wa- ^ pS^L
gotis, vehicles, carriages and teams of any description what- for use of
soever, which may be deemed necessary and proper for the
purposes of transportation ; and all the property purchased
by the said president and directors, and that which may be
given to the company, and the works constructed under the
authority of this act, and all profits accruing on the said
•
38
Shares of works, and the said property shall be vested in the respective
sona^pro- shareholders of the company, and their successors and .as-perty
g
&
f
the sighs forever, in proportion to their respective shares ; and
stocks the the shares shall be deemed personal property ; and the pro-comp^
e^-perty of said company, and the shares therein shall be ex-taxation°
m em Pt fr°m an Y public charge or tax whatsoever.
20. Be it further enacted, That the stockholders of the
?u°TDseri°
f said company may, at any general meeting, reopen the books
tionmaybeof subscriptions, under regulations to be prescribed by them,
the
P
s
e
£wes
01
to increase the capital stock of said company until the whole
ed for may capital of eight hundred thousand dollars is subscribed ; or
be sow. they may sell the stock remaining unsubscribed for, and the
advance on the same above par shall belong to the proprie-tors
of the stock originally subscribed ; and in case the books
are opened, after a part of the road is completed and profits
received thereon and expended on the road, the original sub-scribers
shall be reimbursed, out of the profits of the road,
the amount of profits that ha? been expended anterior to the
last subscriptions, before any dividends of profits is made
among all the stockholders
May con- 21. Be it further enacted, That the stockholders in gen-branches
era l meeting, may, if they think fit, resolve to construct a
and for this branch or branches to the main road, to be connected with
purpose l-i i ' i j •
may open the mam road at such point or points as they may determine
subscrfp- on, and to lead in such direction, and to such a point or points
tions. as they may think best ; and in order that they may do so,
the said stockholders are fully authorized to cause books to
be opened for subscriptions to the said lateral road or branch .
of the main road ; and the subscribers for stock shall be sub-ject
to all the rules previously made by the company, and
become members of the company with this exception only,
viz: that the stock subscribed by them shall be faithfully
8tlbscI.j bei.B and honestly applied to the construction of that branch of
to any the road for which thev subscribed it ; but the subscribers
branch of _ . , -J
• in • ^
road and to for the main road and the branches snail constitute but one
toformhut company; and their rights of property and estate shall be in
and whoie
y common, and not separate: Provided however, that the
capital not whole capital oi subscribed stock shall not exceed one mil- t
to exceed 1 . r , ,
.
, jl
$1,000,000. lion oi dollars.
22. Be it further enacted, That all the powers, rights
erTrightl" and privileges conferred by the preceding sections upon the
Tel'L^to said company, in respect to the main road, and the lands
construe- through which it may pass, are hereby declared to extend
tion of °
t i -ii •
) j
branches in every respect to the said company, and the president and
which are
granted as
39
directors thereof, in the laying out, in the construction, and to mam
in the use and preservation of said lateral or branch roads.
23. Be it further enacted, That it shall and may be law- No branch
ful for the said company to construct a branch to the main constructed
road as aforesaid, under the restrictions aforesaid, so soon as ^poinuo™
the main road has reach d the point at which the branch which main
i • ii i • • i - i ' i
• it i trunk is
road is intended to be joined with the mam road ; but they completed,
shall not, under any pretence whalever, apply the funds of
&c'
the company to the construction of a lateral or branch road,
until the main road is completed, except they be subscrip-tions
specifically made for the branch or lateial road.
24. Beit further enacted, That no person shall haveNocomiec-
. J . .... . -, ., . «tion with
leave to connect or intersect with the said ran road or any of this road,
its branches, unless it shall be done by some company incor-eompan/
a
porated in this State ; and in all such cases, the company incprporat-
• • in i 'i ii! edmthis
intersecting shall erect the most approved and suitable a p pa- state, and
rams for weighing the cars, or other vehicles, that are to be rufeTfor
1DS
brought over the road intersected with; and if they fail to gecUon
tw"
do so within a reasonable time after a request made of them,
the company omitting this shall forfeit and pay to the other
company two hundred dollars, to be recovered by action of
debt before any court of record in this State ; and shall be
liable, moreover, to pay the cost of such an- apparatus after
it is put up by this company, which shall be recoverable by
an action on the case brought before any court of record in
this State : Provided however, that" the General Assembly Road inter-shall
not grant this right to intersect with this road to any this must
1
t>e
company, who shall build a road less than twenty milesw11108
long on one side of this road.
25. Be it further enacted, That where a branch or 1&- No conaec-teral
road to the main road is shorter than twenty miles, no thebranci
other person or company shall be authorized and empower- 20miie*
d8r
ed to build a rail road ftom any point near its termination, so
as to intersect with this main road in order to injure this
company.
26. Be it further enacted, That so soon as ten miles of^mXs^ne
said rail road shall be completed, and as often thereafter as comPlets
i
• c i • i i linn i t i • i may trans-any
other section of like length shall be completed, the said port aril
company, or the president and directors, may transport all
0169 '
produce or other commodities, that shall be deposited conve-nient
to the said road for that purpose, and which they may
be required to convey to any point on said road ; and it shall ^'f^
be lawful for the said president and directors, or the compa-ny
aforesaid and they are hereby authorized to erect a toll
gate, or toll gates on "said roads at such points as they may
choose ; and they shall he entitled to receive and to demand
Kateeof tne following rates, to wit : not exceeding four cenis a mile
freight, &c. for toll, and nine cents a mile lor transposition per ton of
2000 pounds ; and for the transportation of passengers, not
exceeding six cents per mile for each passenger, until the net
profits received shall amount to a sntn equal to the capital
stock expended, with six per cent, per annum interest there-on,
from the time the money was advanced by the stock-holders
until received back in the net profits ; but when the
net profits received as aforesaid from the tolls aforesaid shall
have amounted to a sum equal to the capital stock aforesaid,
with -interest thereon as aforesaid, then the tolls which the
said company, or the president and directors, shall be enti-tled
to receive for the transportation of produce or other com-modities
on the said rail road, sha'l be fixed and regulated
from time to time by the president and directors of the com-pany,
so as to make them sufficient, in their estimation, to
yield a net profit equal to fifteen per cent, per annum on the
capital stock of the company over and above what may be
necessary for the repairs, improvement or renewal of the
same, together with all other incidental expenses of the com-for'any
me Pan y j an d it shall not be lawful for any other person or com-to
travel on pany whatever to travel along or upon the said road or any
road or use *
, , . ° '. „ ,
,
. *
itiaany part thereof,, or use it or any part thereof for transportation
way' of produce or otherwise, without the license or permission of
May make the president and directors; but nothing herein contained,
Sr&otfor shall be so construed as to prevent the said company from
oarrying making a contract for the transportation of the mail, upon
such. terms as may be agreed on between said company and
• the agents of the United States.
May cross 27. Be it further e?iacted, That it shall be lawful for the
anyestab- $%[& company, in the construction of said road, to intersect
liahcd way. i i • i 1 • i i i i j
or cross any public or private way established by law ; and
it shall be lawful for them to run their road along the route
Directions °^ any °* sa^ roads i Provided, that whenever they inter-as
to cross- sect or cross the said public or private roads, the president
S<fe and directors shall cause the rail road to be so constructed,
as not to impede the passage of travellers on the public r.oad
or private way aforesaid ; and whenever the rail road runs
over and along with such public common road or way, the
the president and directors shall cause the new common
road (which shall be laid out by order of the county
court upon the petition of the said president and directors)
to be opened at their expense ; but the jury empanelled shall
41
again take into view, in estimating the damages of the
owner, the value to the said owner of having the rail road
constructed through or near his lands.
28. Be it further enacted, That certificates of stock shall certificates
be issued under such regulations as the bylaws prescribe jhowusued:
and the shares of the company shall be transferable acc01'd-fe
°
1
.'^
f
t^es mg to such rules, and upon such terms only, as may be es- to be regu-tablished
by the company in general meeting.
29. Beit further enacted, That it shall be lawful for the May erect
president and directors to erect warehouses, and other neces-^e
^£^
s
sary buildings for the use of the company, at convenient and &c-
eligible sites ; they may also erect scales at the toll gates or
elsewhere on the road, or at the ends of it, to weigh the pro-duce
or other commodities conveyed thereon.
30. Be it further enacted. That it shall and may be law- May borr°w riri i it i it money and
tul for the president and directors, or the company hereby issue evi-created,
to borrow money for the objects of this act; and tOguXdebt.
make and issue all proper evidences of such loan, and assur-ances
for the repayment thereof.
31. Be it further enacted, That in all meetings of the Each share
company each share shall be entitled to one vote : Provided, o£evoto
to
that the stockholders may, at any general meeting, establish
a different scale of voting, if it shall be unanimously agreed to.
32. Beitfurther enacted, That the president and diiec- President
tors shall render distinct accounts of their proceedings and tors to ren-disbursements
of money to the annual meeting of stockhol-
^
un^;
ders, and at any other times when the company shall re-quire
it; and so soon as the rail road is completed, the said May declare
president and diiectors, or a majority of them, shall semian-pr^flt
e
8
ndso ''
nually make a dividend of the. profits of the road among
the stockholders ; or, it they shall deem it advisable to do it,
they may make such dividends of profits as are collected for
tolls and transportation, and all other resources of the com-pany,
before the whole is completed.
33. Be it further enacted, That if the said company wtjm road
shall not begin the said road, or some part thereof, in three commenced
years after the ratification of this act, they shall forfeit all pitted™'
the privileges conferred by this charter. If they shall have
not completed the main road from Wilmington to Raleigh,
in twelve years thereafter, then the company shall forfeit so
much of the rights and privileges hereby created as confer
upon the said company the power of extending the said
road above the point at which it shall be- then constructed ;
but they shall not forfeit their property and privileges in any
manner as to so much of the road as they have completed
:
use of the
company.
42
Provided however, that the said company shall in good faith
expend all their capital subscribed, in endeavoring to con-struct
a rail road along the whole of said route, and provid-ing
the necessary vehicles and fixtures for its use and enjoy-ment.
Stieceia- 34- Be il further enacted, That if the president and di-ryiUuiaings
rectors shall be unable to agree with the proprietor for the
demnedfor purchase and sale of, such quantity of ground, as may be
necessary for the erection of a toll house, or a house to cov-er
stationary machines, or to protect engines and cars or oth-er
vehicles, together with stables, warehouses and offices; or
for any other use which the convenience of the company
shall require, it shall and may be lawful for the president
and directors to file a petition in some court of the county
where the land lies against the proprietor or proprietors, set-ting
forth the circumstances ; and upon its being made to ap-pear
in court that the said proprietor or proprietors have had
ten days' notice of such application, the court shall direct a
jury to be summoned to go upon the premises ; which jury
shall be sworn to do equal and impartial justice, and to as-sess
the damage which the said proprietor will sustain by
reason of the condemnation of such land; and they shall
proceed to assess the amount the petitioners ought to pay to
the proprietor ; but in assessing said amount the jury shall
take into the estimate the benefit resulting to said proprietor
from constructing such rail road, and directing the works
contemplated, on or near to the lands of the proprietor, but
only in extinguishment of damages ; and the said president
and directors may afterwards pay the said assessment into
court or not as they choose : if they do pay it, the company
shall be seized of such land in fee ; if they refuse to do it,
they shall pay the costs ; .and the sheriff or his deputy, or
the coroner or his deputy, as the case may be, are hereby
authorized to administer the said oath to the jury aforesaid.
35. And be itfurther enacted, That it shall and may be
lawful for the company hereby created so to construct all
raay
S
de-and
such bridges as it may be necessary for them to erect for the
certain
011 in
Pur Poses °^ their ra1^ road, as to afford general accommoda-oases.
tion to all travellers ; and to demand and receive, by them-selves
or agents or tenants, from all persons passing over and
using such bridges, a reasonable toll, not however to exceed
the highest rate of toll allowed by law on any bridge of this
State : Provided however, that no such to.l shall be charged
on the produce, or persons, or any commodities which are
conveyed in the cars of the rail road.
May con-struct
nec-essary
43
36. Beit farther enacted, That full right and privilege state re-are
hereby reserved to the State, or to any company hereaf- rfg'ht
8
to
h
au-ter
to be incorporated by their authority, to connect with the*°™°
d
road hereby provided for, any «fher road leading from the to connect
main route to any part or parts of this State, so that in form-
Wlthtlu8'
ing such connection no injury shall be done to the works of
the company hereby incorporated.
37. Be it farther enacted, That if any person or persons Making it
shall wilfully, by any means whatever, injure, impair or we offence
destroy any part of the road constructed by the authority ©fl^f^e
this act, or an v of the works, buildings, machines, wagons, property of
, . ' / .
• -<c*\ i thiscom-vehicles,
carnages or other property of the company, suchpany.
person or persons shall he liable to indictment, and upon
conviction be, she or they shall be fined and imprisoned at
the discretion of the court, not exceeding a fine of one thou-sand
dollars and one year's imprisonment ; and be liable
moreover to the action of the company for damages, by an
action on the case, in any court of record in this State.
38. Be it further enacted, That this act shall be in force when this
from and after the ratification thereof; and all laws and operation-clauses
of laws, coming within the meaning and purview of^P^ling
this act, shall be, and the same are hereby repealed.
TO AMEND AN ACT PASSED IN EIGHTEEN HUNDRED AND THIRTY-THREE
ENTITLED AN ACT TO INCORPORATE THE WILMING-TON
AND RALEIGH RAIL ROAD COMPANY.
(Passed at the session of 1835.)
Be it enacted by the General Assembly of the State o/ Increase
North Carolina, and it is hereby enacted by the authority capital of
*/ *? " %\ 500 000
of the same, That the capital stock of said company may-be
increased to any sum, not exceeding one million five
hundred thousand dollars, any thing in the before recited
act to the contrary notwithstanding. The subscriptions for *
which shall be made under the same rules and regulations
pi escribed in the saidoriginal act.
2. Be it further enacted. That the stockholders of said May run
J ,. , t! i • i road from
company shall and may be at liberty to run the mam road wiiming--
from some point within or near the town of Wilmington to eigh^o?*
1'
some point in the city of Raleigh, or in the immediate neigh-
^
a
(^il
t0
borhood thereof, or from Wilmington, or near it as aforesaid the Roan-to
some point at or near the river Roanoke in this State, at
enver"
the election of said stockholders, with the view of connect-ing
with the Petersburg and Norfolk rail roads—any thing
in the said original act to the contrary notwithstanding.
3. Be it further enacted, That the said company may May con-be
at liberty to lay off and construct any lateral road, under branches at
the rules and regulations, provided in the aforesaid act, be-any
time'
fore or after they have completed the main rail road aforesaid —any thing in the before recited act to the contrary notwith-standing.
4. Be it further enacted, That it shall and may be law- May own
ful for the said company to purchase, own and possess steam- and other
a B
boats, and other vessels to ply and sail from the port of Wil- ™^Zl
B t0
mington to Charleston, or elsewhere ; and to take and receive Charleston
for the use of said company, over and besides the profits al- where, and
lowed in the said original act, such sums of money, or other f^ght^
property for freight, passengers, or other accommodation on^r
°a
ff
said boats and vessels, as they may be able to make by con-tracts
with their customers, and according to such rates, as
they may from time to time establish.
46
men road 5. Be it further enacted, That so much of the thirty-shaiibebe-t^
ird sectjon f t[ie SBi [^ original act, as compels the said
company to begin the said road in three years, after the rati-fication
of said act, be, and the same is hereby repealed.
—
And the said company shall begin the said road, or some
part thereof, in three years after the first day of January,
eighteen hundred and thirty-six, under the penalty prescrib-ed
in the said thirty-third section of the before recited act.
Notreqmr- 6. j>e it further enacted, That it shall not be the duty of
articles of the said company to receive produce, goods, wares and mer-any
g
ottier chandize, to be transported on the said road at any other
regular d™ P^aces tnan their regular depots, which they are required to
pots and establish ; and it shall be lawful for the said company, to
5o
a
Jents
a
ai
e
charge fifty cents in addition to the rates established by the
eierypas°
r act °f eighteen hundred and thirty-three, to which this is an
sengerta- amendment, for every passenger they may take up at any
other
P
points on the said road other than their depots as aforesaid,
points. t p. Be it further enacted, That this act shall be in force
from and after the ratification thereof.
49
AN ACT TO AID THE INTERNAL IMPROVEMENTS OF THIS STATE.
Chapter 61 of the Revised Statutes, passed 1836.
By the 6th section of the above entitled act, " The Presi-dent
and Directors of (he Board of Internal Improvements"
are authorized arid, required, upon certain contingencies, to
subscribe on behalf of the State for two-fifths of the capital
stock of the Wilmington & Raleigh Rail Road Company,
and to make a like subscription to the stock of the Fayette-ville
and Western Rail Road Company, and also to the North
Carolina Central Rail Road Company, and it further provides
in what manner payments shall be made on account of such
subscriptions—to all which is added the following proviso :
—
Provided, "That the said board, by virtue of such subscrip-tions
and payments on behalf of the State, shall appoint two-fifths
of the whole number of directors of each of the cor-porations
aforesaid ; and that in all general meetings of the
stockholders, in any of said companies, the said commission-ers
of internal improvement, or any other representative of
the State, whom the said board may appoint, shall be enti-tled
to two-fifths of the whole number of votes, which may
be given at such meeting." ,
By an act entitled f'An Act declaratory of the meaning of
the act entitled "An Act to aid the Internal Improvements of
this State, Revised Statutes, chapter 61, section 6th, being
the 55th chapter of the Laws of the State of North Caroli-na,
passed by the General Assembly at the session of 1844-
'45 it is enacted,—"That it was intended and is hereby de-clared
to be the true intent and meaning of the said recited
proviso of the said act, for the Board of Internal Improve-ment
to appoint two-fifths of the whole number of directors
in each of the said corporations, but neither by themselves
nor by any representative appointed by them to vote for the
remaining three-fifths of the directors of the said corpora-tions."
AN ACT to amend an act, entitled an act to amend an
act, passed in eighteen hundred and thirty-three, enti-tled
"An Act to incorporate the Wilmington and Ral-eigh
Rail Road Company?
1. Be it enacted by the General Assembly of the Slate
50
of North Carolina, and it is hereby enacted by the au-thority
of the same, That the capital stock of said com-pany
may be increased to any sum not exceeding two mil-lions,
five hundred thousand dollars/any thing in the before
recited acts to the contrary notwithstanding.
2. Be itfurther enacted, That the President and Direc-tors
of said company be, and they are hereby authorized to
issue sciip, and to make sale of or dispose of the same com-mensurate
with the said increase of the capital stock of said
company : Provided, that the said scrip shall not be sold
for less than the par value of the stock held in said compa-ny.
3. Be it farther enacted, That said scrip shall represent
shares in the capital stock of said company, as though the
said shares had been originally subscribed for by the holders
thereof; and the said holders of the scrip thus issued, under
the provisions of this act, shall be members of said corpora-tion,
with the same privileges, rights and immunities, and
subject to the same rules and regulations as the original stock-holders
of said company.
4 Be it further enacted, That this act shall be in force
from and after the ratification of the same.
[Ratified 24th January, 1851]
In pursuance of cerfain Resolutions of the General Assem-bly,
ratified 28th January, 1851, directing the Treasurer of
the State to subscribe for two thousand shares of the Wil-mington
and Manchester Rail Road Stock, two thousand
shares, or one third of the stock of the Wilmington and
Raleigh Rail Road Company oiiginallv subsciibed for by
the Board of Internal Improvement on behalf of the State
under the act of 1836, were transfered by the Public Treas-urer
to the Wilmington and Manchester Rail Road Company.
AN ACT to amend an act entitled an act to amend an
act incorporating the Wilmington and Raleigh Rail
Road Company.
Beit enacted, fyc, That the Board of Internal Improve-ment,
shall hereafter appoint three directors and no more to
represent the State in the board of directors of the Wilming-ton
and Ralpigh Rail Road Company. [Ratified 26th De-cember,
1852.
51
AN ACT CONCERNING THE WILMINGTON AND RALEIGH RAIL-ROAD
COMPANY.
Whereas, the State of [North Carolina has transferred to
the Wilmington and Manchester Railroad Company one-third
of the shares of the capital stock of the Wilmington
and Raleigh Railroad Company, originally subscribed for by
the State :
1. Be it enacted by the General Assembly of the State
of North Carolina, and it is hereby enacted by the author-ity
of the same, That in all general meetings of the stock-holders
of said Wilmington and Raleigh Railroad Compa-ny,
the number of votes to be given by any representative
of the State, shall be reduced one-third below the number
which such representative is by law authorized and entitled
to give; and in the event of a transfer of any numher of
the shares of the capital stock of said Wilmington and Ral-eigh
Railroad Company, now held by the State, .the numher
of votes to which the representative of the State shall be en-titled
at the general meeting of the stockholders of said com-pany
shall be reduced pro rata, so that the votes given by
the representative of the State shall b ar the same relative
ratio to the number of shares of the capital stock of said
company held by ihe State, as is now provided by law.
2. Be it further enacted, That the Wilmington and Ra-leigh
Railroad Company shall hereafter be known by the
corporate name of the Wilmington and Weldon Railroad
Company. [Ratified the Wth day of February, 1855.J
J^tST ORATION
COMMEMORATIVE Of THE LIFE AM CHARACTER OE THE LATE
EDWARD B. DUDLEY,
DELIVERED BEFORE THE STOCKHOLDERS OF THE
W. & W. RAIL ROAD COMPANY
By ROBERT H. COWAN.
NOVEMBER 8th, 1855.
Gentlemen :
Stockholders of the " Wilmington and Weldon Rail
Road Company".
I have been selected by the citizens of Wilmington to de-liver
an address before you, upon the life and public services
of our late fellow citizen, the Hon. Edward B.Dudley. I
beg your attention, therefore, for a brief hour, while I recall
a few of the prominent acts of a long life which was devot-ed
to your service ; and endeavour to impress upon your
minds, for your reverence and imitation, some of the leading
traits of a character which was, in every way, so worthy of
your admiration.
It has been thought to be peculiarly appropriate that this
address should be delivered before your Body, upon the oc-casion
of your regular annual meeting—for, although the
enlarged and liberal mind of Gov. Dudley comprehended
the entire State, and he was the friend of Internal Improve-ments
every where, throughout her borders, yet it was with
your Road that he was particularly identified. I mean not
to discredit the efforts or the sacrifices of the friends who
stood by him ; but I think I am justified in saying that, in
the projection of your Road, in the many difficulties which
it encountered, and in its completion and successful operation
there was no friend so true, so constantly devoted, so entire-ly
disinterested as was Gov. Dudley.
54
In looking around me, Gentlemen, I see present here to-day
some few of those good friends who struggled with Gov.
Dudley in many of the most difficult and really distiessing
periods which marked the .-arly history of your Road ; and
I can not but feel that it would have been more appropriate
if some one of th<>se had been selected to perform the duty
which has been allotted to me. I can not but feel that it
would have been better performed, for, in as much as they
could speak more knowingly of his services, they could also
speak more forcibly of his worth, more impressively of our
loss. If I shall succeed, even so far as -to direcr your atten-tion
to the debt of gratitude which we owe to Gov. Dudley ;
and induce a desire for the imitation of his useful life, my
highest object will be accomplished, my most earnest desire
fulfilled.
Gov. Dudley's life, as has already been intimated, was un-ostentatiously
useful. Its history, therefore, will be a very
short one ; but, short as it may be, it is full of useful lessons —full of the evidences of an enlightened patriotism, of an
ardent and self sacrificing devotion to the interests of his
Suite, and his Home.
He was horn in Onslow County, on the 15th day of De-cember,
1789. He died in the town of Wilmington on the
30th day of October, 1855. He was, therefore, in the sixty-sixth
year of his age at the time of bis death. His early
life presents a repetition of the early history of most of the
truly great and good men of America. He was a self made
man. Born almost at the same time with our infant Repub-lic
; anJ growing up to manhood before she had recovered
from the shock of her desperate struggle for existence, he en-joyed
none of the advantages of early education which are
now so freely placed within the reach of all ; but he was
left to triumph over the many obstacles which beset the path-way
of his early life, by the native strength of his own in-tellect.
How well he performed his part—how surely and
completely he triumphed, the history of his after life will tell.
At a very early age, he appears to have acquired the con-fidence
of his fellow citizens, for he had scarcely attained
his majority when he was sent to represent them in the Gen-eral
Assembly of the State of North Carolina. As early as
1811, we find him in the House of Commons from Onslow,
and again in 1813, and in 1814, he represented that County
in the Senate. To appreciate this compliment, it is necessa-ry
to remember the condition of those times. We were up-pn
the eve of a second war with England ; and every thing
55
was sadly out of joint. The wisest counsels were necessary
as well in our State as in our National affairs ; and the ab-lest,
most experienced, most reliable men were generally
sought after to fill the places of public trust, and confidence.
It is an evidence not only of the appreciation of his fellow
citizen-, but also of his own patriotism and promptness that
we find him, even at this early age, not only in the halls of
legislation but in the field. In 1812, or 18i3 as near "as I
can now ascertain, he came to W ilmington, the second in
command of the Regiment of Volunteers who flocked from
the neighbouring counties to assist in defending us from
British invasion. We were then engaged in our second war
for independence, independence on the ocean—and, like the
first, it was a time 10 try the souls of men. North Carolina
was not unmindful of the gross insults which had been of-fered
to the honor of the common country, nor was she un-moved
by the insolence of the enemy nor the wanton cruel-ties
which he practised along our coast, for the fires of 76
burned brightly within the bosoms of her sons. When,
therefore, the proclamation of Gov. Hawkins was issued, and
he published his patriotic appeal "to his fellow-citizens and
particularly to the young men of the State" there was a
prompt and hearty response from all classes of her citizens.
Among the many evidences of true patriotism brought to
light by the events of that war. I doubt if there is one
which surpasses—I had almost said which equals the noble
action of the gray haired veterans of Rowan, the immortal
" Silver Locks," or of the " patriotic fathers," as they were
called of Mecklenburg, who foimed a regiment of silver
locks. At all events, their noble examples were not without
their influence, and when the disastrous news of Hull's sur-render
at Detroit was spread throughout the country to in-flame
the minds of the citizens, and excite their just indig-nation,
many of our young men marched to the support of
their country's standard in Canada, and all of them were
held in readiness to meet the invader if he should land upon
our shores. " It is to the credit of the North Carolinians"
says Niles Register of that date "that they collected with
the utmost promptitude and in great force to combat the en-emy,
who seemed very cautions about coming in contact
with the militia" But he did noi land. With the excep-tion
of the feint upon Newbern, which is particularly remem-bered
as having completed the sacrifice of the late Judge
Gaston upon his country's altar. Admiral Corkburne prefer-red
to keep to his ships. It would seem that the surmises of.
56
the " Register" were correct; and that a spirit of caution had,
at last, operated upon the mind of him who had, hitherto,
Been notorious only for cruelty and recklessness, But such
a discussion is foreign to my subject. It was my purpose
only to remark that, although Gov. Dudley did not come in
contact with the enemy, and therefore rendered no particular
service, yet the fact that he held such a command, at such
at early age (for he was not then twenty-four) in time of
war;
' with a notoriously cruel enemy hovering upon our coast
and hourly expected to land—this fact, in itself, is sufficient
to show not only the confidence with which his fellow-citi-zens
regarded him, but the readiness with which he offered
his services to retrieve the tarnished honour of his country
—
tarnished, as it unquestionably was, by Hull's surrender of
the army of the north west. Out of this reverse of fortune,
my fellow citizens, grew an army of citizen soldiers in every
State, who flocked to the defence of their bleeding country,
and covered her flag with imperishable glory.
Gov. Dudley removed to Wilmington in 1815 ; and in
1816, and in 1817, and again iii 1834, he represented our
town in the " General Assembly" undti the old constitution.
The election in 1816 was particularly honorable to him. It
was a warm and excited contest ; and, though he had been
resident but a year in our town, he was chosen, the first Re-publican
candidate ever chosen from Wilmington, over the
Hon. John D. Toomer, who was then an exceedingly popu-lar
gentleman, as he is now one of the purest, ablest, best of
the citizens of North Carolina.
In November, 1829, to supply the vacancy occasioned by
the death of Gov. Holmes, he was chosen to represent this
district in the Congress of the United States. He did not
become " conspicuous" as a member of Congress, nor. we
may reasonably infer, did he desire to do so, for such a po-sition
would have been totally inconsistent with his tastes,
his character, and his peculiar capacity. But he was an ex-ceedingly
useful Representative, devoting himself to the du-ties
of his office, and guarding zealously the interests of his
constituents. Such men are appreciated,' in time, for it is
through them, at last, that the coxnplicated machinery of
government is kept smoothly in motion. But Gov. Dudley
did not remain long in Congress. He served but one term,
and declined to become a candidate for re-election. The
reasons which determined his course, in this particular, may,
with great propriety, be commended to the time serving, self-seeking
politicians of the present day. I will be pardoned,
57
I trust, for alluding to them. I do so, certainly not for any
political purpose, for I have none to serve, but as an evidence
of the incorruptible honesty and'unyielding firmness which
so strongly marked his character. He was elected to Con-gress
as a Jackson man. Indeed, he was ever after, as he
was then, an ardent admirer of General Jackson as a man
and a patriot ; but from the moment that he became satisfied
that the policy of his administration was wrong, he forthwith
abandoned it, and attached himselfio the opposition. Theie
is certainly nothing in the bare fact of a political change which
is worthy of remark, for such things are not of uncommon
occurrence But these changes are generally made from the
weaker to the stronger side, or if to the contrary, as some-times
happens, we almost always have it in our power to
trace the cause to some disappointed aspiration. It is very
seldom that an instance like this is afforded to us, and when
it is, it bears upon its face the evidences of perfect political
purity. Gov. Dudley was high in favor. He was enjoying
the highest honor which the people of his district could con-fer
upon him. He was a favorite leader of the majority par-ty
; and yet, at the bidding of his conscience, he promptly
abandons his place and his prospects, and takes his position
as an humble member of the minority party. He does not
seek to deny that he has changed his position. He betrays
no fear of that greatest of terrors to all politicians, the charge
of inconsistency ; but he honestly and frankly admits that
he can, no longer, represent the wishes of his constituents,
and, therefore, he resigns the power which they had commit-ted
to his hands. In an address which he issued to his con-stituents,
and which is replete with independent and patriot-ic
sentiment, I find the following language which is so stri-kingly
characteristic of the man that I cannot forbear to quote
it.
{; I cannot, fellow citizens, forego my own opinion for that
of any man. 1 acknowledge no master but the laws and du-ty—
no party but the interests of my country." Whatever
differences of opinion we may entertain, therefore, as to the
correctness of his judgment upon this particular point, there
cannot exist a shadow of a doubt as to the motives which
influenced him. All must admit that his course was dictated
by an honesty as rare as it is praiseworthy ; and no one will
withhold the admiration which is due to the frankness with
which he avowed his determination, and the firmness with
which it was carried out.
In 1836 he was elected Governor under the new constitu-tion
\ and was the first person ever elevated to that office by
58
the people of North Carolina, and in 1838 he was re-elected
for a second term by a greatly increased majority. This
was a high compliment, but it was well deserved and hon-estly
repaid—for as the people honored him by the choice,
he honored them by the faithful discharge of the duties of
his office. His business capacity, his habits of close applica-tion,
of method and order, were carried into the most mi-nute
affairs of his office ; and it has been the subject of fre-auent
remark that the executive papers were never, before
nor since, so systematically arranged, nor preserved with so
much care. He possessed administrative abilities of a very
rare order ; and his administration was one of the most effi-cient
and practically useful which North Carolina has ever
known. But he was not only one of the most efficient,
he was also one of the most popular of our Governors. His
house was open, always, to the people whose Governor he
was ; and his hospitality was dispensed so liberally, so gra-ciously,
and with such a warm and open heart, that it will
long be remembered by all who had occasion to visit the
Capitol while he occupied the executive mansion.
But it was not in the line of party politics that Governor
Dudley rendered his distinguished services to his State. It
was in the line of practical and useful life. His whole ener-gies
were given to the cause of Internal Improvements, for
the development of the resources of North Carolina, and the
building up of her commercial greatness. His early address-es
abound in earnest appeals to the people, to excite their
State pride, to awaken them to a just sense of their own ca-pacity,
to arouse them to an honest effort for self-preserva-tion
; and his inaugural address as Governor is devoted al-most
exclusively to the same noble end. I must say of this
Inaugural that it most faithfully portrays the character of the
man. It is plain, businesslike, and practical. Unlike the same
class of documents of the present day, it enters into no long
discussion of our federal relations, it deals in no threatening de-clarations
against any particular portion of our confederacy,
any political party, or any prominent man ; it is untainted, I
had almost said undefiled, by the bitterness of political bigotry.
In the opening of his address he says, " As my preferences
and predilections in federal politics ar© no secret to you, I
shall confine myself chiefly to our domestic interests," and
again at it's close, "I shall endeavor to divest myself of all
prejudice and partiality in the discharge of my duties, and
become the officer of the State, and not of a party ;" and
with these few words he disposes of those exciting and use-
59
less topics, and devotes himself to the domestic interests of
North Carolina, examining her condition, ascertaining her
wants, and prescribing the remedy.
But, Gentlemen, upon an occasion of this kind, before such
an audience, in the discussion of a subject in which you have
manifested so much interest, I will be pardoned, I know, for
entering somewhat into details, even if those details should
happen to prove tedious. The completion of a liberal sys-tem
of internal improvements to develop the resources of
North Carolina, and the establishment of a permanent sys-tem
of common schools to educate her youth, formed the
highest object of Gov. Dudley's ambition. His whole public
life was devoted to the accomplishment of this noble end. and
an impartial examination of the "Record" will prove that he
has contributed more to arouse North Carolina from her
slumber of ages, and place her in the proud position which
she is destined to occupy than any other, even of her most
distinguished sons. It is to be regretted, Gentlemen, that I
have been so scantily provided with those documents which I
endeavored to obtain for the present occasion. But as evi-dence,
in part, of what I have asserted, I must beg you to bear
with me while I make a few extracts from his inaugural ad-dress
as Governor, and his last message to the Legislature,
these being the only two of his public documents which, in
the short time allowed me for preparation, I have been able
to command.
First, as to the condition of North Carolina at that day,
he says : "As a State we stand fifth in population, first in
climate, equal in soil, minerals and ores, with superior advan-tages
for manufacturing ; and. with a hardy, industrious and
economical people. Yet, with such unequalled natural fa-cilities,
we are actually least in the scale of relative wealth
and enterprize, and our condition is daily becoming worse.
—
Our lands are depressed in price, fallow and deserted. Our
manufacturing advantages are unimproved. Our stores of
mineral wealth are undisturbed, and our Colleges and Schools
are languishing from neglect. This a true but melancholy
picture, and it is our business to prescribe the remedy. * *
Were the State enclosed by a wall beyond which her citizens
might not travel, the Legislator might fold his arms and with-hold
his aid and protection from all works of general improve-ment,
permitting individual enterprize and energy to exhaust
themselves by fruitless and abortive efforts. But we must
remember that our younger sisters are presenting the most
alluring temptations to our citizens—that, daily, the bone and
sinew of our strength are passing away from us ; and that
tin less prompt and efficient means are applied to remedy the
evil, a few more years may find us hopelessly impoverished."
Second, as to her wants : " Enable the farmer to reach
'bis market with despatch and economy, bring it to his door,
and you at once stimulate him to increased industry, and a
toore watchful care of his products ; you enhance the value
of his labor and his lands, and you make him happy and
contented with the home of his birth. * * * rphe mer„
chant must be supplied with means-to purchase, at full prices,
'the products of the farmer; the manufacturer and mechanic
to erect the necessary machinery to supply the demands of
!the country. Water courses must be improved ; water pow-
%r applied to useful purposes, rail roads and other roads con-st
incted, to penetrate those sections ol the country to which
'navigation has been denied ; and common schools must be
established and cherished. Then the resources of the State
will be developed, and an impulse given to her energies and
enterprize, which would soon place her in the rank for which
nature designed her."
Third, as to the ways and means by which this is to be
accomplished. He recommends "the increase of our Bank-ing
capital as the surest and speediest means;" and with re-gard
to North Carolina's portion of the surplus revenue, he
says, "after giving this subject all the consideration which
it's importance demands, 1 entertain the opinion that the
principle should be devoted to internal improvements, and
the income arising therefrom to the establishment of common
schools in obedience to the injunctions of die constitution."
To complete my chain of evidence, I must be pardoned for
making one more extract. It is from his last message to the
;General Assembly. I have good authority for saying that it
Irs but the repetition of a recommendation contained in his
'first message which I have been unable to procure; and if
£tlns be true, and I see no reason to doubt it, it adds strength
"Co my position. "I am very clearly of the opinion" he says,
'that opening an inlet at Nag's Head, reclaiming the swamp
'lands, improving the Neuse River as far as practicable; and
€heuce the construction of a rail road to Raleigh, and turn-pike
to the mountains, and the construction of a rail road
and turnpike, flanking South Carolina from the head of' tide
Vater on the Cape Fear to the West ; form the system of
^improvements, alike, demanded by the character and inter-ests
of the State, to be accomplished whenever her means
will permit."
61
I claim, Gentlemen, your most particular attention to these
extracts. They are not idle words, nor were they idly used.
They were the result of the calm and deliberate reflection of
a prescient mind, devoted to the substantial interests of North
Carolina. Exhibiting her deplorable condition at that day,
they present a plan for her redemption not a general plan^
expressed in general terms, and doubtful of accomplishment
;
but a special plan, particular in all of its designations, perfect
in all of its details, so wise, so well matured, so entirely practi-cable,
that it commended itself to the sound sense of the
State, and secured, in good time, its own adoption. It is not
too much for me to say, therefore, that these extracts, while
they serve to disclose the highest object of Gov. Dudley^s
ambition, establish, beyond a question, when considered
in connection with what is accomplished and projected at
this day, his claim to the proud title of the Father of In-ternal
Improvements in North Carolina.
a The Rev. Dr. Joseph Caldwell, the late eminent and zeal-ous
President of the University was the first who presented
the utility and construction of rail roads to the notice and?
patronage of this State. * * * Upwards of thirty years
ago, he visited Europe upon the business of the College, and
there saw such roads in use, and soon after his return, he
published a series of essays, under the signature of "Carl-ton,"
explaining the practicability of their construction, an<J
earnestly urging a central one from Buncombe to Beaufort."
The interest excited by these essays was not suffered to
abate. I have already alluded to the fact that the question
of internal improvements occupied much of Gov. Dudley's
attention at an early day ; and that several of his early ad-dresses
were devoted chiefly to its discussion. And, besides
him, there were many men of prominence throughout the
State, who devoted much of their time to its examination
and agitation before the people. Amid this multitude o#
counsellors, there were presented, as a matter of course, many
general plans for the improvement of North Carolina. But
it was reserved for Gov. Dudley to reduce his plan to prae-tice,
to bring all the details to perfection, to provide the ways
and means whereby they might be accomplished. It is
creditable to his sagacity to say that every single one of his
recommendations have been carried out. The Revised
Statutes will show you that the surplus revenue was appro*
priated, by a Legislature politically opposed to him, precisely
as he recommended it should be. The Federal Government
has taken charge of Nag's Head. The swamp lands have
62
been reclaimed. Neuse River is about to be opened as far as
practicable. The Rail Road has been constructed thence to
Raleigh, and thence to the mountains. And the "Wilming-ton,
Charlotte and Rutherford Rail Road company is now
organized, and is actively preparing to flank the State of
South Carolina, and connect the Cape Fear with the inex-haustible
West. I donbt, Gentlemen, if the history of inter-nal
improvements in the United States affords another such
remarkable instance of sagacity, of foresight, of enlarged
and enlightened patriotism as that which is here afforded to
us. Gov. Dudley was far in advance of his age, but he liv-ed
to see North Carolina arouse from her lethargy, and make
liberal provision for that wise system of internal impiove-ments
which He had prescribed for her, and which, in his
judgment, was "demanded, alike, by the character and the
interests of the State."
But Gov. Dudley was not so much a theoretical as a prac-tical
man. He was not content merely to plan, but he un-derstood
how to execute, and what he understood he was al-ways
earnest to perform. His efforts in behalf of internal
improvements, theiefore, were not confined to "official re-commendations,"
nor indeed to the public addresses to which
I have alluded, nor to the public speeches which, as a boy,
I remember to have heard him make in different parts of the
State ; but while he labored for the projection of such a
"general system" as was, in his judgment "demanded alike
by the character and the interests of the Stale," he devoted
his head and his heart to the completion and successful ope-ration
of those particular works which had alreadv been
projected His efforts were given more directly, gentlemen,
to your road—his earnest, devoted, disinterested, self-sacrifi-cing
efforts ; and among all the valued rewards which were
bestowed upon his good and faithful services, there is not one
which he received with so much pleasure, or cherished with
so much gratitude as that which assured him of the fact that
you appreciated those efforts.
Your road was chartered in 1833, and Gov. Dudley was
the first person named as commissioner. It was organized
in 1834, and Gov. Dudley was elected its first President.—
He resigned his office to assume the chair of State, but im-mediately
upon the expiration of his second term as Gover-nor
he was again unanimously called to be its President.—
s
From that day to the day of his death he was intimately
connected with its management.
It would not be just to estimate his services to you, gentle-
men, by the services of those who have presided over simi-lar
works under ordinary circumstances. It requiies all the
judgment, and skill, and energy of the most experienced
navigator to rescue his ship when once she is caught among
the breakers ; but the humblest sailor of his command can
steer her easily and safely upon the smooth and open sea.
—
This difference in degree if not in kind existed between the af-fairs
of your road, in its earlier history, and that of any other
with which I am acquainted. To appreciate Gov. Dudley's
services, then, you must recall the condition of the times. You
must remember that yours was the pioneer work in North Car-olina,
that it was an experiment, that it was undertaken with-out
sufficient means, that it was condemned beforehand as a
failure, that it encountered troubles, trials, difficulties of the
most extraordinary character ; and that nothing but the
most indomitable energy, the most liberal enterprise, the
most unceasing patience, the most determined spiiit of perse-verance
could have enabled it to surmount those difficulties.
Gov. Dudley brought all of these qualifications to the task,
and commanded the success which he so eminently deserv-ed.
He subscribed a very large portion of his large estate
to its completion. He devoted all of his time, all of his tal
ents, all of his energies, and that too at an immense loss
from the neglect of his private interests, to put it in success-operation.
Nor did his services, nor his personal sacrifices
stop there. When your offices, and your warehouses, and
your work shops, and all of your machinery which was not
then in actual use were laid in ruins by the terrible fire of
1843, when a heap of smouldering embers marked the spot
Avheie all of your possessions in Wilmington the day before
had stood ; when your most ardent friends had began to des-pair
; when your own merchants had refused to credit you,
and regarded in a business point of view merely, had justly
refused, because they had already extended their confidence
beyond the limits of prudence ; when your long sinking
credit was at last destroyed, and your failure seemed inevit-able
; Gov. Dudley came forward and pledged the whole of
his p:ivate estate as your security ; and thus, with renewed
public confidence in your solvency you were enabled to go
on to that complete success which awaited you entirely
through his exertions. Am I not right, therefore, when I
say that in the projection of your road, in the many difficul-ties
which it encountered, and in its completion and success-ful
operation there was no friend so true, so constantly devo-ted,
so entirely disinterested as was Gov. Dudley.
64
It is impossible, gentlemen, to over estimate the importance
of this single self-sacrificing act. Its benefits were not con-fined
to our community nor to your road. The fate of more
than this single work was dependent upon the result. If
Gov. Dudley had failed here, the cause of internal improve-ments
was lost in North Carolina. And as the whole State
Was deeply interested in the issue, so the whole State has
been greatly benefitted by the triumphant success which he
at last attained. If, therefore, the time shall ever come, as I
believe it will, and as I trust it may speedily come, when the
resources of North Carolina, the rich treasures of her soil,
her mineral and her agricultural wealth shall be poured into
the laps of her own harbors, and be carried to the markets
of the world through her own seaport towns, to swell the list
of her own exports instead of swelling the list of our neigh-bors
; to add to her own wealth, to add to her own import-ance,
to give her that commercial position among her sisters,
which the God of nature, by his bountiful gifts, so clearly in-tended
she should occupy. If that time shall ever come,
and the truth of history is vindicated, it will point to Edward
B. Dudley as the father of the system of improvements which
contributed to the result.
But, gentlemen, while I maintain that Gov. Dudley was
the leading spirit among the internal improvement men of his
day, I trust it will not be out of place for me to say that there
are many others to whom we, at least, owe a debt of everlas-ting
gratitude. They are the men who stood by him, who
supported him in his struggles, and shared, to a very consid-erable
extent, his personal sacrifices. Belonging to a former
generation, the most of them have gone down to the " dark
valley," but they acted well their part in life; and while we
are in the full enjoyment of tffl
1 vast and various good which
has resulted from their labors, we cannot fail to acknowledge
their claim upon our remembrance and our gratitude. While
we love our country, and admire her institutions, and rejoice
in her commercial prosperity we can never forget the services
of those fathers of our commerce, who burst the bonds
of nature to develop the rich resources of our soil, and to
render complete, and perfect, and truly glorious the priceless
heritage which we have received from the fathers of our
Republic.
The services of which I have spoken thus far, gentlemen,
were those of a public nature, in which the whole State was
interested, inasmuch as they materially affected her prosper-ity
and her commercial position. There were others, how-
• 65
ever, of a more private nature, which were connected only
with our own community, and which I have not thought it
necessary to press upon your attention, because you are all
familiar with them. His name was connected with the man-agement
of several of our public institutions, and with all of
our private charities ; and his duty was always discharged
in a manner honorable to himself and creditable to us. It is
sufficient for me to say in this connection, that the resolutions
of condolence passed by the several t: Boards " of which he
was a member were not the words of mere formality • but,
while they manifest the appreciation of his associates, they
will always serve to attest, more strongly than any thing
which I can say, the honorable fact that his usefulness was
bounded only by his ability to do good.
My task, gentlemen, is drawing to a close. If it shall ap-pear
to have been imperfectly performed my apology must
be found in the short time which has been allowed me for
preparation, and the very pressing nature of my business en-gagements.
I have not been able to collect the scattered ma-terials
which were necessary for a complete history of Gov.
Dudley's services, nor, I fear, to make the proper use of those
which I have collected. Enough has been said, however, to
show the very many obligations under which he placed us
all. The more difficult, the more delicate, the more sacred
duty yet remains to be performed. I would point you to some
of the useful and beautiful traits.of a character which was,
in every point of view, so admirable, so rare, and so worthy
of imitation.
And, here I must claim your kindest indulgence. There
is no one who admired Gov. Dudley more than I did ; there
is no one who* entertained a more profound respect for his
worth, or a more sincere appreciation of his services ; there
is no one, of my age, who had a better right to call him
"friend," and consequently there is no one to whom this du-ty
could be more grateful than it is to me. " Like the mem-ory
of joys that are past, it is pleasant though mournful to
the soul." And yet, gentlemen, it is exceedingly difficult in
its performance. I dare not trust myself to speak as the
abundanc • of my heart would prompt me to speak. He was
my father's friend. I have known him from my earliest
childhood. I knew him